When an employee goes on long-term sick leave, it can be due to a variety of reasons. In some cases, the cause of long-term sick leave can be found in the physical or psychological working environment of the workplace. As a manager, if you suspect - or are directly informed - that your organization's work environment is the cause of an employee's long-term sick leave, you know there's something to work on.
In this article, we will explain the rules that exist for long-term sick leave and provide the relevant information for those who want to know more about long-term sick leave.
As a manager, are you experiencing specific problems with employees who lack job satisfaction, are on long-term sick leave or are not thriving? The work environment is an extremely important factor for good performance and realization of the organization's strategic ambitions. Therefore, every organization should have clear guidelines and measures to strengthen employees' physical and psychological safety, increase job satisfaction and overall well-being. This also includes a focus on, for example, good stress management and being able to handle internal conflicts in a professional and fair manner.
At LEAD, we are experts in leadership and organizational development that creates job satisfaction and sustainable results. We offer business psychology services within analysis and management of stress, conflicts and other work environment challenges. Read more below.
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Causes and consequences of long-term sick leave
Long-term sick leave can be a challenge for both the person on sick leave and the workplace. According to SST's report The National Health Profile 2021, 36.2% of Danes have one or more long-term illnesses or health problems. This is a factor that organizations need to be aware of and have an action plan for how to deal with.
The reasons for long-term sick leave can be many and varied. It can be due to both physical and psychological reasons such as stress, depression, a chronic illness or an injury. It can also be due to work-related factors such as a poor work culture, high work pressure or workplace bullying.
The consequences of long-term sick leave can be significant for both the employee and the workplace. The person on sick leave can experience a reduced quality of life, financial insecurity, loss of social relationships and an increased risk of isolation and depression. For the workplace, long-term sick leave can lead to a decline in production and financial losses, as well as the loss of key employees and skills.
It's important that the workplace takes long-term sick leave seriously and takes responsibility for managing it in a constructive way. This can include offering support and assistance to the employee during the period of illness and taking into account the employee's need to recover and get the necessary treatment. It's also essential to initiate a dialog with the employee about returning to the workplace - for example, by offering a smooth start and flexible working conditions so that the employee can return to work in a healthy way.
In addition, it is essential for an organization to have a general focus on preventing long-term sick leave, for example, by ensuring a healthy workplace culture and a good working environment where employees thrive and have the opportunity to get support and help with any challenges in the workplace. Promoting a high level of psychological safety in the workplace creates both higher performance and better employee well-being. In other words, it's a good investment for an organization to work to promote a psychological work environment. You can read more about this in our article Why psychological safety is the path to development, efficiency and bottom-line results.
Long-term sick leave rules: Questions and answers
What are the rules when an employee is on sick leave? Long-term sick leave can be a challenge for both the employee and the workplace. That's why it's important to know the rules for handling long-term sick leave to avoid misunderstandings and conflicts - and potentially worsening the employee's situation and period of illness. Below, we answer some of the most common questions about the rules for long-term sick leave.
When is it long-term sick leave?
A long-term sick leave is defined as a sick leave that lasts more than 30 days. This means that an employee who is absent due to illness for more than 30 days is considered on long-term sick leave.
How long can you be on long-term sick leave?
In principle, a public employee can be on sick leave for as long as there is medical documentation to prove it. Private employees under the Danish Salaried Employee Act or similar conditions may be subject to the 120-day rule. This means they can be terminated with shorter notice when they have had 120 days of sick leave over the past 12 months.
What is the employee's obligation to do during long-term sick leave?
An employee on sick leave is not obliged to tell their employer what is wrong with them. Even if the employee is on long-term sick leave. However, the employee is obliged to respond if the employer asks for documentation of the illness. The documentation can consist of a declaration of good faith, a declaration of duration, a certificate of exemption or a declaration of opportunity. You can read more about the differences between the different types of documentation further down the page.
Long-term sick leave: What can employers do?
What can employers ask a sick employee?
The employer has the right to ask an employee on sick leave the following:
- When the employee expects to return to work
- What tasks the employee will be able to perform when he/she returns to work
In addition, the employer has the right to see documentation of the employee's illness. Remember that it is you as the employer who must request the documentation. Before that, the employee is not obliged to provide it.
Documentation of long-term sick leave can be:
Declaration of allegiance
This is the employee's own signature that their absence is due to illness. It is the employer who must provide the employee with a form to sign.
Clearance
A clean bill of health is a doctor's signature stating that the employee's absence is due to illness. This was previously called a medical certificate.
Certificate of duration
A longevity certificate is an extended medical certificate. The doctor states how long the illness is expected to last. A certificate of duration can only be required when the employee is a salaried employee and has been sick for more than 14 days
Statement of Opportunity
An opportunity statement is intended to get the employee back to work as quickly as possible and to document the employee's illness. It therefore consists of two parts.
The first part must be completed jointly by the employer and employee. It describes impairments, impacted job functions and any initiatives that may enable the employee to perform their job fully or partially.
The second part must be completed by the employee's doctor, who will assess whether the conditions described are medically justifiable.
What should employers not ask about an employee's illness?
The employer does not have the right to ask the employee for information about diagnoses or other details about the illness, as this is subject to confidentiality and personal information. The employee is free to disclose, on their own initiative, what is wrong with them.
When can an employer dismiss an employee on sick leave?
If the employee is a private employee subject to the 120-day rule, they can be dismissed after 120 days of sick leave over a maximum of 12 months.
Do you want to be better at:
- Map your own situation and action areas to improve your work environment and well-being
- Work strategically with organizational culture
- Building a learning culture
- Create a growth mindset in your employees
- Prevent stress and unhappiness
- Manage stress and unhappiness
- Lead the development of an attractive workplace with low sick leave and low employee turnover
- Drive better performance in your area of responsibility
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